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(영문) 인천지방법원 2021.02.05 2020나384
보증금반환
Text

The judgment of the first instance shall be modified as follows:

A. On July 4, 2019, the Defendant spent KRW 1,000,000 to the Plaintiff and its related costs.

Reasons

1. Basic facts

A. On April 4, 2019, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant setting the lease deposit amount of KRW 50,000,000, monthly rent of KRW 4,000,000, and the lease term of KRW 5 years until March 30, 2024, with four land including Macheon-si C, and the D Campping site (hereinafter “instant camping site”).

B. However, the Plaintiff and the Defendant drafted two contracts (hereinafter “the lease contract of this case”) as follows, by dividing them into the area for which permission for camping business was obtained from the competent authorities (including two Dongs and ten Dongs in neighboring living facilities) and other areas:

The plaintiff and the defendant have tried to additionally prepare a contract containing more specific rights and obligations concerning facilities on the ground, but have not yet been prepared due to mutual differences in opinions.

On April 4, 2019, the date when the plaintiff entered into the contract, the purport thereof is to pay the Defendant KRW 20,000,000 of the lease deposit and KRW 4,000,000 of the monthly rent for one month, and the remainder KRW 30,000,000 of the lease deposit and KRW 44,00,000 of the rent for the remaining 11 month out of the rent for one year agreed to pay in advance until July 3, 2019, which is three months after July 3, 2019, shall be paid to the Defendant, but if the remainder of the lease deposit is not paid by July 3, 2019, the lease contract of this case shall be revoked, and if it is not paid KRW 30,00,000,00,000 among the above lease deposit and KRW 20,000,000 shall be reverted to the Defendant.

On the other hand, when the plaintiff paid the remaining money on July 3, 2019, the defendant ordered the plaintiff to change the name of the business owner with respect to the above camping Chapter.

Detailed descriptions are as follows:

The contents of the instant lease contract (exploration) [a contract for a zone for which camping business license was granted (No. 3-2] - D Camping permission area located in D Camping C in Macheon-si, subject to object W. The above ground-based 10 Dong 10 Dong-dong, building E Dong-dong and F Dong-dong.

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